| In the era of big data,information is the cornerstone of digital economic development and social progress.However,with the deepening of the use of personal information,the risk of personal information infringement is increasing.Therefore,personal information protection has become an important research topic in the era of big data.In China,the field of criminal law has always paid great attention to the protection of personal information.The crime of infringing on citizens’ personal information is an important embodiment of personal information protection.However,after the improvement and refinement of judicial interpretation and the criminal law amendment,the crime of infringing on citizens’ personal information still has the dilemma of judicial application.Through the analysis of 400 criminal judgments,it is found that there is a dilemma of different recognition standards for the crime of infringing on citizens’ personal information,which is mainly reflected in the following aspects: there is ambiguity in the understanding of "violating relevant national regulations",the definition of criminal act is unclear,and the standard of "serious circumstances" is vague.This thesis studies the applicable dilemma of the crime of infringing citizens’ personal information by using the methods of case study and legal article analysis,combined with the pre legal norms such as the Civil Code and the Personal Information Protection law.Firstly,it combs the theoretical basis of the crime of infringing on citizens’ personal information,such as the protection of legal interests and the connotation of citizens’ personal information.Secondly,it analyzes the functional orientation of "violation of relevant national regulations",the characterization of criminal acts and the identification criteria of "serious circumstances".Finally,this thesis proposes to improve the crime of infringing on citizens’ personal information from four aspects: establishing the applicable rules of "violating the relevant provisions of the state",reasonably defining the boundary of criminal acts,clarifying the identification standard of "serious circumstances" and establishing the reasons for illegal obstruction,so as to give better play to the criminal regulation role of the crime,so as to comprehensively and fully protect personal information and balance the protection and utilization of personal information. |
